SWPA Facilities Information
The following is a general overview of the regulatory management strategies developed for protection of groundwater resources within identified groundwater protection zones, or Source Water Protection Areas (SWPAs), of the Hamilton to New Baltimore Groundwater Consortium.
The Source Water Protection Program (SWPP) Ordinance can be divided into 6 major parts:
- Establishment of the Source Water Protection Areas,
- Identification of regulated substances,
- General provisions,
- Above ground storage provisions,
- Underground storage provisions, and
- Miscellaneous provisions (for activities/land uses not addressed in aboveground or underground sections).
There are no SWPP registration fees, licensing fees, or operation certificates required under any provision of this ordinance. However there are penalties if facilities fail to meet requirements.
Above ground storage tank that has secondary containment on a concrete surface that is properly labeled and has bumper posts around it
What is the purpose of the Source Water Protection Ordinance?
The purpose of the facility registration is to keep an accurate inventory of type, quantity, and manner of storage of regulated substances used and stored within the SWPAs. The inventories will help keep the Consortium’s Potential Pollution Source Inventory up to date as required by the Source Water Protection Program.
What facilities have to register for the Source Water Protection Ordinance?
Facility registration is required for any facility located in a Source Water Protection Area (SWPA) when storing or handling regulated substances in quantities meeting or exceeding the baseline quantity thresholds established in the ordinance, or for any land use identified in the Ordinance as a regulated land use in itself (ex: a landfill). Any person owning and/or operating more than one facility subject to regulation under the Ordinance must register each regulated facility separately. Few provisions in the ordinance apply unilaterally to all facilities in all time-of-travel zones (TOTs). Applicability varies based on:
- The location of a facility (1, 5, or 10 year TOT),
- The manner of regulated substance storage, and/or
- The quantity of regulated substance stored on site.
A facility registration must be completed once every 2 years by July 1. Facilities in the 1 and 5 year time-of-travel zone (TOT) will be registered during odd years (ex: July 2005, July 2007); facilities in the 10 year TOT will be registered during even years (ex: July 2006, July 2008).
What are the regulated substances?
The ordinance identifies general categories of chemicals, mixtures, or other substances that are regulated under the ordinance. The listed materials are regulated because the material, or components thereof, contains known or suspected carcinogens, toxic or highly toxic agents, corrosives, or substances which have otherwise been determined to be a health hazard or require monitoring under the Safe Drinking Water Act. Substances listed in the ordinance are regulated only when the concentration of regulated substances stored or used at a facility meets the following quantity criteria as applicable
- In the 1 and 5 Year TOT- when the concentration of regulated substances stored or used at the facility exceeds 55 gallons aggregate for liquid materials or 440 pounds aggregate for dry weights
- In the 10 Year TOT- when the concentration of regulated substances stored or used at the facility meets or exceeds 1,000 galls (8,000 pounds) aggregate for aboveground storage, or 500 gallons aggregate in an underground storage tank
These thresholds are often referred to as the Baseline Quantity Thresholds. The ordinance does not restrict what types or quantities of materials may be used in the SWPA.
Click here to see the list of regulated substances
How do I register my facility?
The ordinance requires registration once ever 2 years of facilities storing or otherwise using Regulated Substances in quantities meeting or exceeding the baseline quantity thresholds. Registration may be completed by the facility operator or the Groundwater Consortium Manager.
Click here to learn more about facility registration and get forms!
Storage of regulated substances that are not normally kept on site as part of regular business operations for 90 consecutive days or less is considered temporary storage. These substances must be secured against vandalism, stored in a non-hazardous are (e.g. where the unit is least exposed to traffic, flammables, and other hazards), properly labeled, and stored on an impervious surface. The temporary storage provisions do not apply to storage meeting any of the secondary containment exemption criteria.
All regulated substances must be removed from a facility within 90 days of closure.
Spill Control Plan
A Spill Control Plan (SCP) outlining regulated substance release response procedures at the facility is required for storage of regulated substances in areas where a release could reach a pervious ground surface, such as grass, dirt, or gravel. A template for the SCP is available for use by the facility operator. If a facility already has a SCP developed, the existing SCP may be used to satisfy this requirement.
Any regulated substance release that reaches a pervious surface, storm sewer, or dry well and cannot be completely remediated within 24 hours must be reported to the Groundwater Consortium Manager within 24 hours of discovery (24 hr. phone: 868-5993). Further detail on the nature and management of the release will be included in a Preliminary Release Report,which must be submitted to the Manager within 7 days of reporting the release.
Aboveground Storage Provisions
The aboveground storage provisions specifically address storage of regulated substances in aboveground tanks (ASTs) and other miscellaneous above ground storage containers such as drums, totes, cans, etc. Under these provisions, regulated substance storage units must be clearly labeled, inspected weekly, and stored on an impervious surface. Secondary containment (double walling or drinking) is required for new ASTs in the 1 and 5 year TOT that do not meet any of the secondary containment exemption criteria. The ordinance does not mandate replacement of existing single walled ASTs within any specified time frame; the ASTs may be upgraded any time after the effective date of the ordinance at the discretion of the facility operator.
Underground Storage Provisions
The underground storage tank (UST) provisions apply to USTs with a capacity greater than 55 gallons when located within the 1 or 5 year TOT, and USTs with a capacity meeting or exceeding 500 gallons when located in the 10 year TOT. Residential USTs located in basements and heating oil and diesel fuel USTs in the 10 year TOT are exempt from the requirements of the ordinance.
All USTs are subject to regulation under the ordinance must be registered every 2 years by the facility operator or the Groundwater Consortium Manager. Any facility operator already registering a UST under another federal or state program may submit a copy of that registration in lieu of completing a separate SWPP registration. All new USTs subject to regulation under the Bureau of Underground Storage Tank Regulations (BUSTR) must be installed in accordance with the Sensitive Area requirements; new heating and fuel and diesel fuel USTs must be vaulted. Periodic tank tightness testing is required for existing USTs not operated in compliance with the BUSTR and other tanks not exempted under the tightness testing provision.
Management of Other Potential Pollution Sources
Land Application of Pesticides and Fertilizers – The ordinance require registration of the application of restricted use pesticides within the 1 and 5 year TOT once every two years.
Road Salt Storage – All new road salt storage facilities in the 1 year TOT must be sheltered and have an impervious surface. Any facility storing over 1,000 pounds outdoors in the 1 year TOT must be registered.
On-lot Sewage Systems – All septic systems for disposal of processes wastes other than sanitary wastes must be registers
Scrap Metal/Auto Salvage and Recycling Yards – All fluids must be removed in accordance with current local or state regulations and stored in accordance with the SWPP ordinance. Facilities must be registered.
Animal Feedlots – No new or existing animal feedlots in the 1 year TOT may exceed 1,000 animal units at any one time. Animal feedlot facilities in the 1 and 5 year TOT must be registered.
Dry Wells – Municipalities must develop and implement a schedule for the regular inspection and maintenance of dry wells.
Source Water Protection Ordinances
City of Hamilton- Utilities Chapter 940 (pdf)
City of Hamilton- Zoning Chapter 1128 (pdf)
- Fact Sheet #1 – The Wellhead Protection Program
- Fact Sheet #2 – Overview of the Wellhead Protection Ordinance
- Fact Sheet #3 – Facility Registration
- Fact Sheet #4 – Spill Control Plan and Release Notification
Groundwater Consortium Manager
The Hamilton to New Baltimore Groundwater Consortium
5140 River Road, Fairfield, OH 45014
Phone: (513) 785-2464
Fax: (513) 867-7308
This website is not to be used for determining regulatory compliance with the provisions of the Wellhead Protection ordinance.It has been prepared for the purpose of public education and providing general guidance on requirements under the SWPP